Richard Wagner represents clients in high stakes China-related litigation and arbitration. Based in Beijing, with an office in Chicago, he has worked in front or behind the scenes in many of the most important China-related cases in US courts. A student of Chinese strategy and US litigation tactics, he has developed a set of proven techniques to achieve success or mitigate against loss in China-related dispute matters before US courts and international tribunals. His China cases have involved numerous industry sectors and have concerned a wide variety of underlying substantive claims, including those related to commercial contracts, product liability, unfair competition, antitrust, intellectual property, and RICO. He is often called upon to prepare and present or cross-examine Chinese witnesses for depositions and court appearances, having a high degree of fluency with Chinese language, special China-related issues, and cultural sensitivities. He is also known in the region for testing new theories and processes in Chinese courts, including breaking new ground on issues related to electronic evidence and the enforcement of US court judgments.
In addition to his China-related disputes work, Richard devotes a substantial portion of his practice to international regulatory compliance, to investigations and matters involving anticorruption and risk management for multinational corporations operating in Asia, particularly in Greater China and in Mongolia. A good number of Richard’s cases have concerned complex fraud and bribery, often in the context of broken business dealings and many have involved onsite interviews and a foreign law component (e.g., Chinese, Mongolian). He works with companies to develop and implement compliance policies to help to bring them in line with international standards and local laws. Richard serves as the Vice Chair for the Business Ethics Working Group of the Business Council of Mongolia.
With decades of experience with the region, he has served as an expert in court on numerous occasions and often assists with case strategy in Chinese and Mongolian dispute proceedings.
- LL.M., University of London, 2008, School of Oriental and African Studies, Chinese Law
- J.D., The George Washington University Law School, 2002
- B.A., Miami University, 1993
Areas of Practice
- Acted for a Chinese technology corporation in antitrust litigation before a federal court in San Jose, California.
- Acted for a Chinese manufacturer in federal court litigation concerning an international sale of goods dispute with a US-based buyer.
- Acted for a Chinese automaker in a dispute over a proposed joint venture to distribute automobiles in the US.
- Acted for a Chinese telecommunications corporation in a trade secret misappropriation action before a federal court in Seattle.
- Acted for a group of Chinese shareholders in antitrust litigation in New Jersey.
- Acted for a Chinese pharmaceutical company in a contract dispute before the HKIAC.
- Acted for a Chinese automaker in a dispute concerning an exclusive agency agreement with a UAE distributor.
- Acted for a US telecommunications company before a Los Angeles court in a post-merger dispute involving claims of fraud, trade secret infringement, and unfair competition.
- Acted for a US environmental corporation in a joint venture dispute in Shanghai.
- Acted for a US telecommunications company and its China subsidiaries in trade secret and unfair competition litigation before the courts of Chengdu and Beijing.
- Acted for a US telecommunications company in a product liability dispute in Beijing.
- Acted for certain Formula One teams in class action litigation in federal court in Indiana.
- Acted for a Swedish company in an international carriage of goods case in Wisconsin federal court.
- Acted for an American corporation in a dispute concerning post-acquisition indemnity claims before the AAA (ICDR) in New York.
- Acted for a German corporation in a dispute concerning post-acquisition indemnity claims before the AAA (ICDR) in Chicago.
Investigations, Cross-border Counseling, and Expert Appointments
- Represented a public relations company in a criminal investigation seated in China, parallel FCPA investigation.
- Represented a company in the aviation services industry specializing in engine maintenance, repair, and overhaul for aircraft, in a compliance review of certain sales activities in China.
- Represented an international logistics company in an internal investigation concerning contracting activities in eastern China.
- Represented a telecommunications company in an FCPA investigation seated in China.
- Represented a US company in a criminal trade secret and anti-monopoly investigation in Shanghai.
- Represented an American restaurant chain in an FCPA compliance investigation seated in China.
- Advised Chinese entrepreneurs in connection with trade secret misappropriation and joint venture dissolution claims in California.
- Advised a Chinese state-owned energy company in connection with a multimillion-dollar acquisition in Brazil.
- Advised a Chinese state-owned enterprise in connection with arbitration before the London Court of International Arbitration (LCIA).
- Expert witness in a Hong Kong court proceeding on PRC law relevant to document production in cross-border litigation.
- Consulting expert to an American energy corporation in connection with Chinese court litigation.
"Status Update on the New China Anti-Corruption Regime - The National Supervision Commission and What Does it Mean to Company Compliance," ACI's 11th China Forum on Anti-Corruption, Shanghai, China, June 6, 2018
"Practical Review of China's New Cybersecurity Law and Guidelines - Key Definitions, Timelines and Requirements," ACI's Advanced Seminar on Data Privacy & Cybersecurity Compliance, Shanghai, China, January 23, 2018
"How to Resolve New Cyber Security Regulations Challenges: How to Obtain the Evidence in WeChat Connected Era," ACI's 10th China Forum on Anti-Corruption, Shanghai, China, June 15, 2017
"Spotlight on China: '300,000 and Counting...' How the Chinese Government's Anti-Corruption Crackdown on Local Officials and Multinationals Affects your Compliance Program," ACI's Forum on Anti-Corruption Compliance in High Risk Markets, Washington, DC, July 18, 2016
"Crisis Management: What is an Effective Strategy Once you Receive an Investigation Request or During a Dawn Raid from Chinese Authorities," ACI's 9th China Forum on Anti-Corruption, Shanghai, China, June 16, 2016
"Top 10 Lessons Learned for Interacting with Government Officials in China," ACI's International Conference on the Foreign Corrupt Practices Act, Washington, DC, November 18, 2015
News & Publications
October 14, 2016
September 15, 2015
International Law Advisory
April 12, 2018
By: Lucinda A. Low, Brittany Prelogar, Brigida Benitez, Pablo M. Bentes, William L. Drake, Simon Hirsbrunner, Richard K. Wagner, Alexandra Baj, Rachel B. Peck, Ronak D. Desai, John C. London, Jessica Piquet Megaw, Evan T. Abrams, Elizabeth Arkell, Melissa Freeman, Elizabeth Pericak Ginsburg, Peter Ibrahim, Galen Kast, Peter Jeydel, William W. Simoneaux, A. Cherie Tremaine, Lin Yang, Bo Yue
International Law Advisory
February 16, 2017
By: Lucinda A. Low, Tom Best, Brittany Prelogar, Richard J. Battaglia, Brigida Benitez, Pablo M. Bentes, Matthew J. Herrington, Susan Munro, Richard K. Wagner, Evan T. Abrams, Brady Cassis, Peter Jeydel, John C. London, Jessica Piquet Megaw, Alexandra Melia, Stephanie W. Wang, Timothy A. Work, Bo Yue
International Law Advisory
March 8, 2016
By: Lucinda A. Low, Brigida Benitez, Tom Best, Richard J. Battaglia, Pablo M. Bentes, Matthew J. Herrington, Simon Hirsbrunner, Susan Munro, John P. Rupp, Richard K. Wagner, Peter Jeydel, John C. London, Jessica Piquet Megaw, Alexandra Melia, Stephanie W. Wang, Bo Yue
- Fellow, Royal Asiatic Society